Bonum Certa Men Certa

McCreevy's Successors Are Getting Their Way With Software Patents in Europe

"The theme, or the background music, to both of these particular directives you could see as part of, anti-globalisation, anti-Americanism, anti-big business protests --- in lots of senses, anti-the opening up of markets."

--Charlie McCreevy



Summary: Barnier and van Quickenborne step forward with a bad plan by excluding Italy

FOR THOSE who are new to the antics of Charlie McCreevy, this is the person who for several years threatened to create a route which would facilitate patenting of software in Europe. McCreevy failed despite daemonisation of his critics, but the same old proposals kept renaming themselves and they fell into the hands of people equally dangerous, to whom ruining Europe's advantage when it comes to patents seemed like a goal. Barnier et al. [1, 2, 3] did some of the work and Vincent van Quickenborne, who kept ignoring the problems (at times even citing Microsoft lobbyists from the United States) was also a big pusher for the McCreevy agenda [1, 2, 3, 4]. Now they call it "EU patent" and Microsoft has been lobbying very hard for it. To Microsoft, the return on investment is huge even if they can just alter a few words. Microsoft seems to be in the process of becoming a patent troll, so it wants its patents to be valid in Europe.



On Friday there was a disturbing new development because a Council Meeting sought to exclude opposition by excluding entire countries as we will show later in the post. Financial blackmail was also considered as an option by some.

After it turned out in the extraordinary Competitiveness Council meeting of 10 November 2010 that, due to the controversy regarding a commonly accepted language regime, "there will never be unamity on a EU patent" (see this post and the press conference of Mr Vincent Van Quickenborne), the "willing" EU member states intensified the discussion on (and apparently their efforts towards) an enhanced co-operation, i.e. an EU legislative agreement among a small group of EU members to launch a diminished EU patent based on the 'Munich' three languages system, as proposed by the European Commission on 30 June 2010.

[...]

Anyway. It is expected that Frenchman Michel Barnier, the EU commissioner for internal market and services, will present a proposal to the Competitiveness Council on the next meeting, which Mr Van Quickenborne expects to be "decisive on the single EU Patent" in a recent tweet.


Why is he trying to become an enemy of software in the EU? It's not even about software freedom, it's about the interests of all software developers who reside in Europe. The EU Council Press also attributes this to Vincent van Quickenborne:

Competitiveness #EUCouncil tomorrow chaired by @VincentVQ to discuss #EU patent http://bit.ly/g1M0wG cc @EPOorg


Unlike what this headline may suggest, it's not final, but it sure seems like countries are being pressured to comply with bad ideas.

So far there are 10. At least nine EU countries were needed to make an end-run around Italy to create a united patent and protect the design of products sold across their borders.


"Spain's veto on EU patent" is also being treated as a nuisance rather than an opportunity to understand the real situation.

Ten European Union countries have formally asked to create a common patent regime after Italy and Spain blocked attempts to introduce an EU-wide system, EU market regulation commissioner Michel Barnier said Wednesday.

'I have received a letter from 10 states,' Barnier said, mentioning Denmark, Estonia, Finland, France, Germany, Lithuania, Luxembourg, the Netherlands, Slovenia and Sweden.

The group wants to start a so-called 'enhanced cooperation' - the practice which allows a minimum of nine EU countries to go pursue a common initiative even if not all others want to take part in it.


They are trying to humiliate and shame countries into it.

More here:

Ten member states have sent an official formal request to Internal Market Commissioner Michel Barnier calling for enhanced cooperation on the creation of an EU patent. France, Denmark, Estonia, Finland, Germany, Lithuania, Luxembourg, the Netherlands, Slovenia and Sweden requested that the EU executive submit to the Council a proposal for the establishment of such cooperation under the terms of Article 329 TFEU with regard to the creation a Community patent protection covering the territories of participating member states.


As the president of the FFII put it

Barnier also promised there would be 'no discrimination for any business' filing for patent protection (a lie) http://ur1.ca/2jnby


Vincent van Quickenborne is just excited to do this harm in defense of which he cites Microsoft lobbyists. "11 countries signed the letter for enhanced cooperation. SWE NL FI DK LT FR EE SL DE LUX UK," he wrote. The EU Council Press seems to just be a booster of it as it calls it a "cherry on the cake":

.@VincentVQ on #EUpatent: "Today's result is the cherry on the cake of the Belgian Presidency of the #EU #Council" #eutriobe


Here is one summary from the FFII (no formal response yet because it has been a weekend):

Ten member states have sent an official formal request to Internal Market Commissioner Michel Barnier calling for enhanced cooperation on the creation of an EU patent.


Here is the only response we've found from FFII so far and a response from lawyers who profit from legal chaos (Falk Metzler, for example, with a press release).

@Keinpatent got #EPO #patent on tomato and broccoli dropped! Congrats


FSFE links to a WIPO study and says: "no robust empirical evidence that stronger patent rights stimulate growth", sez #WIPO study http://ur1.ca/2j474 [PDF] Times a'changing?"

If that's the case, why is Europe strengthening patents by expanding their scope? It makes no sense.

Recent Techrights' Posts

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
 
Lawyer won't lie for Molly de Blanc & Chris Lamb (mollamby)
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 27, 2024
IRC logs for Saturday, April 27, 2024
Links 27/04/2024: Spying Under Fire, Intel in Trouble Again
Links for the day
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day